Student Code of Conduct

Student Code of Conduct

The purpose of this Code of Conduct is to protect the individual rights of students and staff and to control those actions that go beyond the exercising of such rights. The college recognizes its obligation to develop intellectual curiosity as well as social and cultural awareness. Further, Lane Community College responsibly provides for the safety and well-being of students and staff, property protection, record security, and other education-related services.

Through this Code of Conduct, Lane describes conduct interfering with the responsibilities and obligations of the college. This document also outlines the penalties imposed for prohibited conduct and explains the procedural due process for alleged student violations and the protection of student rights.

Students charged with code violations are entitled to due process as described in this code and students may appeal certain penalties imposed for violations.

Article I: Definitions

The term "college" means Lane Community College.

The term "student" includes all persons taking courses at the college, both full-time and part-time, pursuing credit or non-credit classes or enrolled in any special program approved by the college. Persons who are not officially enrolled for a particular term, but who have a continuing relationship with the college, are considered "students."

The term "faculty member" means any person hired by the college to conduct classroom activities.

The term "college official" includes any person employed by the college, performing administrative or professional responsibilities.

The term "judicial advisor" means a college official authorized by the Executive Dean of Student Affairs on a case-by-case basis to impose sanctions upon students found to have violated the Code of Conduct. The Executive Dean of Student Affairs may serve as the judicial advisor or authorize a judicial advisor to serve simultaneously as a judicial advisor and sole member or one of the members of a judicial body. Nothing shall prevent the Executive Dean of Student Affairs from authorizing the same judicial advisor to impose sanctions in all cases.

The term "member of the college community" includes any person who is a student, faculty member, college official, or any other person employed by the college. A person's status in a particular situation shall be determined by a judicial advisor.

The term "college premises" includes all land, buildings, facilities, and other property in the possession of, or owned, used or controlled by the college (including adjacent streets and sidewalks).

The term "organization" means any number of persons who have complied with the formal requirements for college recognition. See also Student Organizations Guidelines.

The term "judicial body" means any person or persons authorized by the judicial advisor to determine whether a student has violated the Code of Conduct and to recommend imposition of sanctions.

The term "appellate board" means any person or persons authorized by the Executive Dean of Student Affairs to consider an appeal from a judicial body's finding that a student has violated the Code of Conduct, or from sanctions imposed by the judicial advisor.

The term "shall" is used in the imperative sense.

The term "may" is used in the permissive sense.

The Executive Dean of Student Affairs is that person designated by the college president to be responsible for the administration of the Code of Conduct.

Use of any unauthorized assistance in taking quizzes, tests or examinations;

Dependence upon the aid of sources beyond those authorized by the instructor in writing papers, preparing reports, solving problems, or carrying out other assignments; or

The acquisition, without permission, of a test or other academic material belonging to a member of the college faculty or staff.

The term "plagiarism" includes, but is not limited to, the use, by paraphrase or direct quotation, of the published or unpublished work of another person, without full and clear acknowledgment. It also includes the unacknowledged use of materials such as term papers or other academic materials prepared by a person other than the submitting student.

Article II: Judicial Authority

The Executive Dean of Student Affairs shall determine the composition of judicial bodies and appellate boards, determining which judicial body, judicial advisor and appellate board shall be authorized to hear each case.

The Executive Dean of Student Affairs shall develop policies for the administration of the judicial program and the procedural rules for the conduct of hearings which are consistent with the provisions of the Lane Community College Student Code of Conduct.

A judicial body may be designated as an arbiter of disputes within the student community in cases which do not involve a violation of the Code of Conduct. All parties must agree to arbitration, and to be bound by the decision, with no right of appeal.

Article III: Proscribed Conduct

Jurisdiction of the College

Generally, college jurisdiction and discipline shall be limited to conduct which occurs on college premises and college-sponsored activities which take place off-campus including placements and internships. This code applies to all students.

Conduct - Rules and Regulations

Any student found to have committed the following misconduct is subject to the disciplinary sanctions outlined in Judicial Policies: Sanctions.

Acts of dishonesty, including but not limited to the following:

Cheating, plagiarism or other forms of academic dishonesty;

Furnishing false information to any college official, faculty member or office;

Forgery, alteration or misuse of any college document, record or instrument of identification; or

Tampering with the election of any college-recognized student organization.

Disruption or obstruction of teaching, research, administration, other college activities, including public-service functions on or off campus, or other authorized activities, when the act occurs on college premises.

Physical abuse, verbal abuse, threats, intimidation, harassment, coercion and/or other conduct which threatens or endangers the health or safety of any member of the college community.

Attempted or actual theft of and/or damage to property of the college or property of a member of the college community or other personal or public property.

Hazing, defined as an act that endangers the mental or physical health or safety of a student, or that destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition of continued membership in, a group or organization.

Failure to comply with orders or directions of college officials or law enforcement officers acting in performance of their duties and/or failure to identify oneself to these persons when requested to do so.

Unauthorized possession, duplication or use of keys to any college premises or unauthorized entry to, or use of, college premises.

Violation of published college policies, rules or regulations.

Violation of federal, state, or local law on college premises, or at college sponsored and supervised activities including but not limited to the following:

Use, possession or distribution of narcotic or other controlled substances except as expressly permitted by law; or

Illegal or unauthorized possession of firearms, explosives, other weapons, or dangerous chemicals on college premises.

Public intoxication, use, possession or distribution of alcoholic beverages except as expressly permitted by law and college regulations.

Participation in a campus demonstration that disrupts the normal operations of the college and infringes on the rights of other members of the college community; leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area; intentional obstruction that unreasonably interferes with freedom of movement, either pedestrian or vehicular, on campus.

Obstruction of the free flow of pedestrian or vehicular traffic on college premises or at college sponsored or college supervised functions.

Conduct which is disorderly, lewd or indecent; breach of peace; or aiding, abetting or procuring another person to breach the peace on college premises or at functions sponsored or participated in by the college.

Sexual discrimination in the form of sexual harassment is defined as unwanted sexual advances; requests for sexual favors; and other verbal and physical conduct that results in inhibition of unconstrained academic interchange, or creates a hostile or offensive environment for one of the parties (see Sexual Harassment: General).

Theft, or other abuse of computer time, including but not limited to the following:

Unauthorized entry into a file to use, read or change contents, or for any other purpose;

Unauthorized transfer of a file;

Unauthorized use of another individual's identification and password;

Use of computing facilities to interfere with the work of another student or college official;

Attempting to discourage an individual's proper participation in, or use of, the judicial system;

Attempting to influence the impartiality of a member of a judicial body prior to, and/or during, the course of a judicial proceeding;

Harassment (verbal or physical) and/or intimidation of a member of a judicial body prior to, during or after the course of a judicial proceeding;

Failure to comply with the sanction(s) imposed under the Code of Conduct; or

Influencing or attempting to influence another person to abuse the judicial system.

Violation of Law and College Discipline

College disciplinary proceedings may be instituted against a student charged with violation of a law that is also a violation of this Code of Conduct. This would apply if both violations result from the same factual situation, without regard to pending civil litigation in court, or criminal arrest and prosecution. Proceedings under the Student Code of Conduct may be carried out prior to, simultaneously with or following civil or criminal proceedings off campus.

When a student is charged by federal, state or local authorities with a violation of law, the college will not request, or agree, to special consideration for that individual because of his or her status as a student. If the alleged offense is also the subject of a proceeding before a judicial body under the Code of Conduct, however, the college may advise off-campus authorities of the existence of the Code of Conduct and of how such matters will be handled internally within the college community. The college will cooperate fully with law enforcement and other agencies in enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators. Individual students and staff members, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate.

Article IV: Judicial Policies

Charges and Hearings

Any member of the college community may file charges against any student for misconduct. Students should deal with their concerns either through security or by filing a student complaint. Staff should prepare charges in writing and direct them to the Executive Dean of Student Affairs. Charges shall be submitted within 90 days after the incident.

The judicial advisor may conduct an investigation to determine the merit of the charges and/or if they can be disposed of administratively by mutual consent of the parties involved on a basis acceptable to the judicial advisor (see Student Complaint Process: Informal). If the charges cannot be disposed of by mutual consent, the judicial advisor may later serve in the same manner as the judicial body or a member thereof (see Student Complaint Process: Formal).

All charges shall be presented to the accused student in written form. A time of not less than five nor more than 15 calendar days after the student notification shall be set for a hearing. Time limits for scheduling a hearing may be extended at the discretion of the judicial advisor.

Hearings shall be convened by the judicial advisor and conducted by a judicial body according to the following guidelines.

Hearings shall be conducted in private. Hearings will be chaired by the judicial advisor or his or her designee.

Admission of any person to the hearing shall be at the discretion of the judicial body and/or its judicial advisor.

In hearings involving more than one accused student, the chairperson of the judicial body, at his or her discretion, may permit separate hearings for each student.

The complainant and the accused have the right to be assisted by any advisor they choose, at their own expense. The advisor may be an attorney. The complainant and/or the accused is responsible for presenting his or her own case. Therefore, advisors are not permitted to speak or to participate directly in any hearing before a judicial body.

The complainant, the accused and the judicial body shall have the right of presenting witnesses, subject to the right of cross examination by the judicial body.

Pertinent records, exhibits and written statements may be accepted as evidence for consideration by a judicial body at the discretion of the chairperson.

All procedural questions are subject to the final decision of the judicial body chairperson.

After the hearing, the judicial body shall determine (by majority vote if the body consists of more than two people) whether the student has violated the code(s) of conduct as charged.

The judicial body's determination shall be made on the basis of whether it is more likely than not that the accused student violated the Code of Conduct.

The judicial body shall report its findings to the judicial advisor who will impose sanctions.

There shall be a single record of all hearings before a judicial body. The record shall be the property of the college.

Except in the case of a student charged with failing to obey the summons of a judicial body or college official, no student may be found to have violated the Code of Conduct solely because the student failed to appear before a judicial body. In all cases, the evidence in support of the charges shall be presented and considered.

Sanctions

The following sanctions may be imposed by the judicial advisor upon any student, group or organization found to have violated the Code of Conduct.

Counseling, educational activities and/or training - For violations involving substance abuse the student will be required to work with the Substance Abuse Prevention Coordinator.

Warning - A notice in writing to the student that the student is violating or has violated institutional regulations.

Probation - A written reprimand for violation of specified regulations. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to be violating any institutional regulation(s) during the probationary period.

Loss of Privileges - Denial of specified privileges for a designated period of time.

Fines - Fines may be imposed.

Restitution - Compensation for loss, damage or injury. This may take the form of appropriate service and/or monetary or material replacement.

Discretionary Sanctions - Work assignments, service to the college or other related discretionary assignments.

Deactivation - Loss of all privileges, including college recognition, for a specified period of time (applies to student groups or organizations).

College Suspension - Separation of the student from the college for a definite period of time, after which the student is eligible to return. Conditions for re-admission may be specified.

College Expulsion - Permanent separation of the student from the college.

More than one of the sanctions listed above may be imposed for any single violation.

Disciplinary sanctions shall not be made part of the student's permanent academic record, but shall become part of the student's confidential record. Upon graduation, the student's confidential record may be expunged of disciplinary actions other than college suspension or expulsion, upon application to the judicial advisor. Cases involving the imposition of sanctions other than college suspension or expulsion shall be expunged from the student's confidential record, consistent with the college's schedule of record disposition.

In each case in which a judicial body determines that a student has violated the Code of Conduct, the sanction(s) shall be determined by the judicial advisor. In cases in which persons other than, or in addition to, the judicial advisor have been authorized to serve as the judicial body, the recommendation of all members of the judicial body shall be considered by the judicial advisor in determining and imposing sanctions. The judicial advisor is not limited to sanctions recommended by members of the judicial body. Following the hearing, the judicial body and the judicial advisor shall advise the accused in writing of its determination and any sanction(s) imposed.

Interim Suspension

In certain circumstances, the Executive Dean of Student Affairs or designated judicial advisor may impose a college suspension pending a hearing before a judicial body, or imposition of sanctions.

Interim suspension may be imposed only:

To ensure the safety and well-being of members of the college community or the preservation of college property;

To ensure the student's own physical or emotional safety and well-being; or

If the student poses a threat of disruption to, or interference with, the normal operations of the college.

During interim suspension, students shall be denied access to the campus (including classes) and/or all other college activities or privileges for which the student might otherwise be eligible, as the Executive Dean of Student Affairs or designated judicial advisor determines appropriate.

Appeals

A decision reached by a judicial body, or a sanction imposed by the judicial advisor, may be appealed by the accused student or complainant to an appellate board within five (5) school days of the decision. Such appeals shall be in writing and shall be delivered to the Executive Dean of Student Affairs or designated judicial advisor.

Appeals shall be limited to review of the record of the initial hearing and supporting documents, except as required to explain the basis of new evidence for any of the following:

To determine whether the original hearing was conducted fairly in light of the charges and evidence presented and in conformity with the prescribed procedures, giving the complaining party a reasonable opportunity to prepare and present evidence that the Code of Conduct was violated, and giving the accused student a reasonable opportunity to prepare and to present a rebuttal of those allegations;

To determine whether the decision reached regarding the accused student was based on substantial evidence; that is, whether the facts in the case were sufficient to establish the fact that a violation of the Code of Conduct had occurred;

To determine whether the sanction(s) imposed were appropriate for the violation of the Code of Conduct which the student was found to have committed; or

To consider new evidence, sufficient to alter a decision, or other relevant facts not brought out in the original hearing, because such evidence and/or facts were not known to the person appealing at the time of the original hearing.

The appellate board will submit a written report of its findings and recommendations to the Executive Dean of Student Affairs within 20 working days. The appellate board's report may include both majority and dissenting opinions. The Executive Dean of Student Affairs will make the final decision on the appeal and notify the accused student and/or complaint in writing within 10 working days. If the Executive Dean of Student Affairs was the judicial advisor in the original complaint, the appellate board's report will be submitted to the president for final decision.

In cases involving appeals by a student accused of violating the Code of Conduct, review of the sanction by an appellate board may not result in more sanction(s) for the accused student. Instead, following an appeal, the Executive Dean of Student Affairs may upon review of the case, reduce, but not increase, the sanctions imposed by the judicial advisor.

In cases involving appeals by persons other than the student accused of violating the Code of Conduct, the Executive Dean of Student Affairs may, upon review of the case, reduce or increase the sanctions imposed by the judicial advisor or remand the case to the original judicial body and judicial advisor.

Article V: Interpretation and Revision

Code Interpretation

Any question of interpretation regarding the Code of Conduct shall be referred to the Executive Dean of Student Affairs or designee for final determination.

Code Revision

The Code of Conduct shall be reviewed every five years under the directions of the Executive Dean of Student Affairs or designee.